FunSearch

Website terms of use

First! A casual but important note from the FunSearch Team

When we say ‘Find Fun’ at FunSearch we mean it. That’s because we’re a company with the unashamedly exciting concept of fun literally built into our DNA. Sometimes though, things try to get in the way of this, like all that legal jazz you are about to read

When you read our terms of use, in essence it means that we want you to act in good faith when using our system, just like we have from day one. We’re here to solve a problem for Australians, to help their holiday and weekend inspiration, planning and organising and to help grow visitor economy and recreational businesses across the country while we do it. Your success on our search engine, no matter who you are, is ours. We really do want to build a tight community that gets heaps of value out of FunSearch and to continue to add value for you, while, as an Impact Business we will sincerely support a range of social, ecological, cultural, economic or intergenerational causes. We will act in the way we think all companies should act.

So really we’re saying, just be genuine about how you use FunSearch and how you work with us, as we are with you, and together we’ll achieve our mutual aims and more. If you don’t act like a nice human, we’re gonna have to say ‘Goodbye’ to you and who likes Goodbyes?

The next bit is important to read but mind-numbing for most people. So prepare for your eyes to glaze over while your brain absorbs it all.

PS. Anyone who needs respite after reading our legal terms and conditions and privacy policy can contact us in their hour of desperate need and we’ll post something light and amusing (like this dog 'fails' compilation video) just for you on our social pages as a fun reward for your effort J

Much Love and fun times,

The FunSearch Team

You agree that by using the website:

  • that you can freely agree to this agreement;
  • you will co-operate with us and provide us with information and comply with any reasonable requirements in a timely manner to allow us to help you;
  • the information you provide to us is true and correct and complete;
  • you will not infringe any third party rights;
  • you will allow us to use your posted photos and images and we can assume that you consent to this when you post them.
  • You have read and agree to our Terms and Conditions and Privacy Policy

1.Terms of Use

SCHOOLHOLIDAYS Pty Ltd (ACN 613 272 503) ("we", "us", "our" or "FunSearch") controls and operates the FunSearch.com.au website ("Website").

These terms and conditions are the terms and conditions of an agreement between the person accessing and/or using the Website ("you" or "your") and us.

2. Personal Use of the Service/Website

You agree that you will only register one account as a user. Instances of multiple accounts per user will result in the additional accounts being closed, and any credits attached to that account will be cancelled.

Tickets purchased from the Website are for personal use only, and are not to be re-sold.

You agree that the service shall be used for lawful purposes only and that you will not use any obscene or offensive language, or place on the service any material that is false, defamatory, abusive, harassing, hateful or pornographic.

Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorised advertising, invades anyone’s privacy, encourages conduct that would constitute a criminal offence or give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation.

You agree and acknowledge that your failure to follow the rules set forth in this Agreement may subject you to civil and criminal liability.

You know that the information on this Website (Material) is for general information purposes only. You understand that you cannot rely on the Material and should make sure that you are happy with the prices and information before you book or pay for anything provided by a third party on this Website.

Business Users are businesses or individuals who open an Account ("Business Account") to use the Website to promote their business, region or commercial activities ("Business User"). Business Users are required to promptly inform and advise Us of any update, amendment or modification required to their content (information, prices, photos and videos and image based messages) and must ensure that their content is accurate and complete at all times. Business Users shall do this by updating Your Business Account on the Website.

3. Terms

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices, policies and disclaimers contained in this document and elsewhere on the Website (known collectively as "Terms of Use").

Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. If you do not agree to the Terms of Use please do not use the Website.

We reserve the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Website. The revised terms will take effect when they are posted. Continued use of the service by you will constitute your acceptance of any changes or revisions to these Terms of Use.

FunSearch does not discriminate based on colour, religion, gender, sexuality or ability or in any other way. We will continue to strive to develop features and functions of our website that will allow further access to as wide and diverse a group of people as is possible (known as our "Values Statement"). We very much welcome input from You in this area.

4. Disclaimer of warranties

The Website is provided in good faith without any representations or warranties of any kind, express or implied, in relation to all or any part of the Website. Except where expressly stated, we make no representations about the currency, accuracy, suitability or reliability of any content and functionality including without limitation any data, information, material, images (moving and still), sound, graphics, software, hyperlinks, logos and trademarks, services and any other material contained in, provided as a result of or in connection with your use of, the Website ("Material"). The Material is provided "as is" and without warranties of any kind, either express or implied including without limitation implied warranties of merchantability and fitness for any particular purpose.

Any Material made available through the Website whether it be on the Website, as an email, or any other transmission is provided as general information only and should not be relied upon in place of professional or expert advice.

We, including our employees, officers, agents and contractors and their employees, officers, partners, agents and contractors do not warrant that the function of, or access to, the Website will be uninterrupted or error free, that any defects will be corrected or that any Website or server which stores and transmits any Material will be free of viruses or any other harmful components. We accept no responsibility for or liability in respect of such interruption, errors, defects, viruses or harmful components.

You as the user will assume the entire cost of any verification, repair, maintenance or correction of any relevant content which is required.

5. Limitation of Liability

To the full extent permitted by law, any terms, conditions or warranties in relation to the Website and any Material are hereby excluded.

To the full extent permitted by law, we shall not be responsible or liable for any loss or damage howsoever caused whether under statute, in contract, tort (including negligence) or otherwise (including without limitation any direct, indirect or consequential loss or damage, loss of profits, loss of data or loss of opportunity) whatsoever connected with, or arising as a result of any person acting or refraining from acting in reliance of the Material, accessing or using the Website or any associated website links, or as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of the Terms of Use.

You agree to hold us harmless for and against any and all liabilities, litigation, and expenses, resulting directly or indirectly from: ol type="a" li any information provided by you that is not accurate, up to date or complete or is misleading or a misrepresentation; li any breach of these Terms by you; and li any misuse of the services from or by you, your employees, contractors or agents.

6. Indemnity

You agree to indemnify us including our employees, officers, agents and contractors and our related bodies corporate and their employees, officers, partners, agents and contractors ("Indemnified") and continue to keep the Indemnified indemnified from and against any actions, proceedings, claims, demands, costs (on a full indemnity basis including, without limitation, reasonable legal and accounting fees) brought or made against the Indemnified by any person arising in connection with your use of the Website or reliance on the Content or both, or resulting from, or alleged to result from, your use of the Website or reliance on the Content or both, or a breach of your representations and warranties in these Terms of Use, or your violation of any of these Terms of Use and from and against any damage, loss (whether personal or property, and whether direct or consequential, including without limitation consequential financial loss), cost or expense suffered or incurred by any Indemnified as a direct or indirect consequence thereof.

7. Contributing Content

It is a condition of you using the Website and as a part of the Terms of Use that you further agree to the following:

  • You are legally responsible for all content including without limitation any information, material, images (moving and still), graphics, sound, software, hyperlinks, data, logos and trademarks that You submit to the Website ("MaterialInformation");
  • You warrant that you have all the necessary or required licenses, rights (including without limitation copyright, privacy, moral or intellectual property rights), consents and permissions to submit or post Material Information on the Website and that all Material Information is true and accurate at the time of submission/posting, is not illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent or in contempt of any court or parliament and does not contain any computer virus;
  • We reserve the right to refuse access to any person or to edit, block or delete Information submitted or posted on the Website by any person for any reason without notice, and we may terminate or restrict your access or use of part or all of the Website.
  • You agree that failure by You to comply with these Terms entitles Us, in our sole discretion, to: ol type="a" li terminate on written notice your agreement with Us pursuant to these Terms, li remove or suspend all Material Information from all databases, publications and listings without notice; and li block you as a user.

8. Data protection and privacy

FunSearch takes the protection of personal information seriously. Any personal information you supply to us when using this this Website and all data communicated by you when using this Website will be used by FunSearch in accordance with its Privacy Policy which can be viewed here: http://www.funsearch.com.au and you acknowledge that our Privacy Policy forms part of these Terms of Use.

By using the Website you consent to receiving communications from FunSearch businesses and partners and their promotional offers.

We may provide links within this Website and may also provide links within emails for your convenience and reference. We do not endorse and are not responsible for any such information, material, products and services associated with these links and usage by you is done so at you own risk.

We do not accept any responsibility for material contained in any website linked to this Website.

All content and functionality including without limitation any data, information, material, images (moving and still), sound, graphics, software, hyperlinks, and all trade names, trade marks, service marks and other product and service names and logos in the Website ("Content") is protected by Australian and International law, including without limitation Copyright and Trade Mark law.

FunSearch is a registered trademark of SchoolHolidays Pty Ltd. Other product and company names mentioned on the service may also be pending or registered trademarks of SchoolHolidays Pty Ltd. or their respective owners. When you access the Website, you agree as follows:

  • You may save a local copy of or print Content from the Website for your own personal information and to inform others about it, but you may not charge any fee for any use and all commercial use or exploitation of the Website or any Content is expressly prohibited;
  • Any copyright notice or mark appearing on any Content must be included on any copy you make;
  • You must keep all Content intact and in the same form as presented on the Website;
  • You may not modify Content you have not personally submitted to the Website without our prior written permission;
  • You must not reproduce, republish or otherwise make available any Content on the Internet by any means including by other publicly accessible media (including without limitation newspaper, journals, television, social media or radio) without our prior written consent or through normal use of the site Website such as sharing information to social media sites; and
  • You must not use the Website or any of the Content for any purpose which is unlawful, prohibited under these Terms of Use or which violates any of our rights or those of any other owner of any rights in the Content;.
  • You grant us a non-exclusive, perpetual, worldwide and royalty free license to list, publish, copy, modify, adapt, use, re-use and further distribute and transmit (by whatever means) the Content as We think fit, provided We act reasonably in the interest of promoting our services; and.
  • You agree and acknowledge that You shall be solely liable for any damages resulting from any copyright, or trade mark infringement, or proprietary rights related to any Content submitted and published by You and associated with FunSearch.

We expressly prohibit use of the Content in any manner other than as expressly licensed in these Terms of Use.

Activities you must not engage in include:

  • Making a copy, modification, adaptation or reselling or redistributing any material on this Website;
  • Making any commercial use of material on this Website, unless such use is authorised in writing by us;
  • Making any form of representation, including linking or framing, that could mislead or deceive a person into believing that the material is from a source other than the Website;
  • Accessing or using of the Website by any means that is contrary to our commercial interests (including without limitation to facilitate a means of encouraging users of the Website to use another website offering services similar to those on the Website); or
  • Using the Website or any Content for any purpose which is unlawful, prohibited under the Terms of Use or which violates any of our rights or any rights of any other person in the Content contained in the Website.

We reserve the right to undertake any legal action we deem necessary to protect our intellectual property rights. We also reserve the right to take legal action on parties who have misinformed, mislead, abused or misused any or all of the Content.

11. Termination

The Terms of Use are effective until terminated by us, and we may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you, indemnities given by you and all our disclaimers and limitations of liability set out in the Terms of Use will survive termination.

12. Security

As a registered user of the Website, you will receive or establish an account which may include login details such as username and password ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone or use anyone else's Account.

You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify us of any unauthorised use of your Account or any other breach of security. We shall not jointly or severally be responsible for any losses arising out of the unauthorised use of your Account.

You shall not access or attempt to access an Account that you are not authorised to access. You agree not to modify any software used or provided in or in connection with the Content or the Website ("Software") in any manner or form, or to use modified versions of the Software, for any purposes including obtaining unauthorised access to the Website.

13. Changes to the website and terms of use

We reserve the right to change any or all of the Website format and Content including without limitation the Terms of Use at anytime without notice. As such, it remains your responsibility to regularly check the Terms of Use and these updated Terms and Conditions of the Website.

14. Delays and outages

We are not responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Website will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Website in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

15. General

The Terms of Use are governed and will be construed in accordance with the laws of Victoria, Australia. By agreeing to the Terms of Use you irrevocably and unconditionally accept and submit to the jurisdiction of the courts of the State of Victoria.

These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction.

If any part of these Terms of Use is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

If you have any questions or queries regarding the use of this Website or the Content contained herein, please feel free to contact our FunSearch team through the contact form on our website or direct message us via our social media accounts @FunSearchAU on Instagram and Facebook.

FUNSEARCH PRIVACY POLICY

Privacy Policy

Privacy Policy for SCHOOLHOLIDAYS Pty Ltd (ABN: 69 613 272 503) (FunSearch).

FunSearch values the privacy of your personal information. Personal information is any information or opinion about you from which your identity can reasonably be ascertained. Our systems and procedures protect your privacy whenever we collect, store, use or disclose your personal information.

FunSearch endeavors to achieve the privacy benchmarks established in the Australian Privacy Principles (APPs).

Collection of Personal Information

FunSearch may collect personal information from you in the course of carrying out its functions. We will only collect personal information that is necessary for our purposes, particularly the purpose of providing you with the most relevant content and information from our website. We will endeavor to collect your personal information directly from you. In certain circumstances we may collect information about you from third parties. For example, if another person Active User has recommended you as a Business Useruser of our website.

FunSearch may collect your personal information in several ways, including through the use of application forms, registration forms and telephone, written and face to face communication with you or a third party. For example, we may collect personal information when you:

  • create a user account;
  • subscribe to our newsletter;
  • make enquires about or participate on our website; and
  • make submissions, including images, videos, and reviews of other bBusinesses on our website.

We only collect the information that we need about you. If we are unable to do so, we may be limited in our dealings with you, such as the types of goods or services that we can provide for you, or the types of information and content we can provide for you.

The types of personal information that FunSearch collects varies according to the collection purpose. Generally, this information will include your name, gender, contact details (including your work and home telephone numbers, addresses, and email addresses), and of your dealings on the website.

When we collect your personal information we will endeavour to make you aware of the contact details for FunSearch, the fact that you are able to access the personal information that we hold about you, the purposes for which we are collecting your personal information, the organisations and third parties to which we may disclose your information, and any consequences of your not providing all or part of the information that we request.

FunSearch does not actively collect sensitive information about individuals. Sensitive information includes specific types of personal information, such as health information and credit card information, membership of a trade union and criminal record (amongst others). If FunSearch requires sensitive information about you, we will obtain your consent before collection, or otherwise ensure that collection is in accordance with the APPs.

Storage of Personal Information

Personal information will be stored by FunSearch in hard copy records and/or on our electronic database. Regardless of the storage medium, all personal information is securely maintained and protected by various data protection measures not limited to password security.

Purchases and Bookings

Where you make a purchase or booking on our website, this is processed through a third party payment platform run by VCubed Pty Ltd (ACN 074 524 879). You acknowledge that your data will be collected by VCubed Pty Ltd in accordance with their terms which will be made known to you at the time of the transaction. To review how VCubed Pty Ltd deals with your personal information please review their privacy policy available at: https://v3leisure.com/privacy-policy.

Use and Disclosure of Personal Information

Our own procedures ensure that your personal information is only used for appropriate purposes and that access is restricted to personnel who require your personal information to carry out their job functions.

FunSearch will use and disclose your personal information in accordance with the purpose for which it was collected, as well as for related secondary purposes where you would reasonably expect us to use or disclose your personal information for those related secondary purposes.

We may disclose your personal information to other organisations. These may include agents, contractors and service providers engaged to provide FunSearch with services (such as database management, printing and mailing) and our partner organizations we work with (such as Australian Tourism Data Warehouse, VCubed Pty Ltd trading as Tourism Exchange Australia and Tourism centers Operators in various Australian States and Territories).

In disclosing your personal information to third parties FunSearch will ensure that they are required to comply with the Privacy Act to ensure the protection of your personal information.

We may also use your personal information to provide you with information about our goods, services or activities. If you do not wish to receive this information please notify FunSearch at the time that we collect your personal information, or by subsequently contacting us.

Access to Personal Information

We understand that you may wish to access the personal information that we hold about you. Generally, you will be able to do so upon written request to our Privacy Officer (details below). In doing so, we will require you to verify your identity and to specify what information you require. We will not charge you for the making of a request or for giving access to your personal information.

We may deny access to information in certain circumstances, including (but not limited to) situations where:

  • providing access would have an unreasonable impact upon the privacy of others;
  • the request is frivolous or vexatious;
  • providing access to the information would be unlawful; and
  • the law permits us to do so.

If we refuse you access to your personal information, we will provide you with a written notice in accordance with the requirements of the APPs.

Correction of Personal Information

We will correct (or, if necessary, delete) your personal information if we become aware that it is inaccurate, incomplete or out-of-date. Please contact our Privacy Officer (details below) if you suspect that the personal information that we hold about you is incorrect or has changed. We will not charge you for the making of such a request.

If we refuse to correct your personal information, we will provide you with a written notice in accordance with the requirements of the APPs.

FunSearch website and cookies

Our website (located at www.funsearch.com.au) does not use Cookies to track you and your movements outside the funsearch.com.au website. However, we do save your interactions on our website or in our communications such as emails to help provide you with better, more relevant, personalised content, information and recommendations.

Privacy Policy Changes

FunSearch may amend, modify or replace this Privacy Policy at any time.

Further information and complaints

If you would like further information about how we manage your personal information, or if you are unhappy with the way in which we have handled your personal information, we encourage you to contact us on the details set out below.

Contact information

Attention: Privacy Officer Address: Level 16 / 414 La Trobe Street, Melbourne, 3000 You can also contact us via the funsearch.com.au website contact page